PRAFULLA C.PANT, J. - (1.) THIS reference has been made by learned Sessions Judge, Bageshwar under Section 366 of Code of Criminal Procedure, 1973 (hereinafter for brevity referred as Cr.P.C.), for confirmation of sentence of death, passed by said court against the convict Kundan Dayal. An appeal has also been preferred by the convict under Section 374(2) of Cr.P.C. against the judgment and order dated 12.07.2006, passed by learned Sessions Judge, Bageshwar in Sessions Trial No. 09 of 2006, whereby the appellant Kundan Dayal has been convicted under Section 302 of Indian Penal Code, 1860 (hereinafter referred as I.P.C.) and sentenced to death. Both the reference and the appeal were heard together and are being disposed of by this judgment. 1. 2. We have heard learned counsel for the parties and perused the entire record of the trial court.
(2.) 3. Prosecution story: -Prosecution story, in brief, is that on 15.02.2006, at about 3:45 P.M., Ramesh Lal Jauhri (deceased), Chairman of Nagar Palika Parishad (Municipal Board), Bageshwar was discharging his duties in his office. At that point of time, P.W.1 Diwan Singh Taragi, Executive Officer of the Municipal Board was with him. Appellant Kundan Dayal, armed with knife, entered in the chamber of the Chairman and told that he had personal work with him. He asked P.W.1 Diwan Singh Taragi to go out of the room. As soon as P.W.1 Diwan Singh Taragi went out of the chamber of the Chairman, appellant Kundan Dayal, assaulted Ramesh Lal Jauhri, the Chairman of the Municipal Board and started giving blows with the knife. On hearing cries of Shri Ramesh Lal Jauhri (deceased), P.W.1 Diwan Singh Taragi and other members of the staff of the office, rushed towards the room of the Chairman. Appellant Kundan Dayal after causing injuries on the person of Ramesh Lal Jauhri went out of the room threatening the witnesses with the knife he possessed. Shri Ramesh Lal was immediately taken to the hospital, in Municipal Boards official vehicle registration No. U.P. 28/0332. However, in the hospital the injured was declared dead at about 4:30 P.M. The First Information Report (Ext. A -1) of the incident was lodged on the very day i.e. 15.02.2006, by P.W.1 Diwan Singh Taragi, Executive Officer of Municipal Board, at about 5:00 P.M. with police station Kotwali, Bageshwar. On the basis of which crime No. 80 of 2006 was registered against accused Kundan Dayal relating to offence punishable under Section 302 I.P.C. Accused/appellant Kundan Dayal (along with the knife, which he used in the crime), was arrested by the police on the very day i.e. 15.02.2006, near old post office, Bageshwar. The crime was investigated by P.W.9 Bachan Singh Rana, Inspector of Police. The dead body of the deceased was taken into custody by the police from the hospital and inquest report (Ext. A -4) was prepared. Police also prepared police form No. 13 (Ext. A -8), sketch of the dead body (Ext. A -9), sample seal (Ext. A -11) and letter (Ext. A -12) addressed to Chief Medical Officer, Bageshwar, requesting him to get conducted the post mortem examination of the deceased. Ante mortem injuries: -A team of three doctors namely, Dr. Khempal (P.W.5), Dr. Jitendra Bhatt and Dr. S. Ram, conducted post mortem examination on next day i.e. 16.02.2006, at about 9:00 A.M. and found following ante mortem injuries on the person of the deceased: - 1. 1. Stab wound size about 2cm x 1cm X 4 cm deep, over the left front of chest about 2cm above left nipple. 2. 2. Stab wound size about 3 cm X 1cm X 4cm deep, over the left side front of chest, about 1 cm below the left nipple. 3. 3. Multiple stab wounds measuring about 3cm x 1cm x deep to muscle, over the left side anterior chest, four in numbers.
(3.) 4. Stab wound size about 3cm x 1 cm X deep to muscle, over right side chest lateral aspect, about 6 cm below right axilla.;